If you are currently single but were previously married, then you are either widowed or divorced. Even though you are single now, you may be entitled to a benefit from Social Security other than your own. However, you must be vested to collect this benefit – how long you were married counts for eligibility.
Widows
If you are widowed but married for less than nine months, you are not eligible for the survivor benefit (See Part 3). However, the 9 month requirement is waived if:
- the death was accidental,
- the death occurred in the line of military duty, or
- you are currently caring for children from the marriage under age 16.
This benefit is up to the full amount that your spouse was or would be collecting. You can collect this benefit as early as age 60, although the payments are reduced.
Divorcees
If you are divorced but were married for fewer than ten years, then you qualify only for your own benefit but not for the spousal benefit. If you are vested (married 10+ years), then this benefit is up to half of your ex-spouses benefit at his/her Full Retirement Age.
You do not need to get permission to take a spousal benefit and in fact your ex-spouse is not informed when you apply. The remarriage of an ex-spouse does not affect your benefits.
If your ex-spouse has not applied for retirement benefits but can qualify for them, you can receive benefits on their record if you have been divorced for at least two years.
If you are a divorcee and your ex-spouse dies, then you become eligible for the survivor benefit whether you were collecting your own or the spousal benefit.
As described in Part 3 of this series there are more complicated strategies for filing if you qualify for a spousal benefit, but only if you were born before January 2, 1954. See Part 3 for the detailed description.
Filing
If you have had multiple marriages that you are vested in, you may choose the benefit that is the highest for you. Multiple people can collect from you as long as they each qualify for the benefit.
To qualify for these benefits, you must produce not only your own birth records but also your marriage certificate and either a divorce decree or a death certificate.
Social Security strategies are especially complicated if you were previously married. You should consult your own tax, legal, accounting and financial advisors before engaging in any transaction or taking any actions with regard to the content discussed above. The author does not provide tax, legal or accounting advice. This material has been prepared for informational purposes only and is not intended to provide, and should not be relied on for tax, legal or accounting advice.